What are the elements of intentional infliction of emotional distress

The intentional infliction of emotional distress has four elements

(1) The defendant must act intentionally or recklessly.

(2) The defendant's conduct must be extreme and outrageous:

(3) The defendants act is the cause of the distress

(4) Plaintiff suffers severe emotional distress as a result of defendant's conduct.

Explanation:

Intentional or reckless act: It is not necessary that an act be intentionally offensive. A reckless disregard for the likelihood of causing emotional distress is sufficient.

Extreme and outrageous conduct:

The conduct must be horrible and beyond the standards of civilized decency or utterly intolerable in a civilized society. Whether the conduct is illegal does not determine whether it meets this standard.

Cause of the distress: The actions of the defendant must have actually caused the plaintiff's emotional distress beyond the bounds of decency.

Plaintiff suffers severe emotional distress as a result of defendant's conduct: This standard is quantified by the intensity, duration, and any physical manifestations of the distress.

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